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Miami Immigration & Naturalization Law Blog

Data shows rise in Venezuelans seeking asylum in the U.S.

The immigration policy of the United States is in flux with the debates regarding travel bans and walls that have arisen with the presidency of Donald J. Trump. Even with that, other issues have continued as before. Florida residents who are in the U.S. after seeking asylum and those who have relatives who are trying to do so must be aware of the current realities. The ongoing problems in Venezuela illustrate this as it is one of the countries that has the largest number of people seeking to come to the U.S. for safety reasons.

According to recent data, the number of Venezuelans who are trying to get asylum in the U.S. has risen by more than double from 2016 to 2017. In the time frame of the first three months of 2017, there were more than 8,300 Venezuelans seeking asylum. This is in comparison to the more than 3,500 who sought asylum in the first three months of 2016. If that pace continues, the record of 18,155 from 2016 will be surpassed. Given Venezuela's governmental crackdown on protestors and other battles with the regime in place there, the country has overtaken China with the highest number of refugees seeking asylum in the U.S.

Cashews with glass in the packaging leads to product recall

For Miami residents who purchase an item, the last thing they will be thinking about is that it will be manufactured, produced, packaged and sold if there is a danger to it or a flaw within it. However, it does happen with a variety of products including food. While vigilant companies will do what they can to prevent this from happening and will take steps for a product recall if it is found to be dangerous in some way, problems will still happen. If a person is injured, suffers an illness or dies because of a food item, it could be the basis for a products liability lawsuit.

A recall was initiated by a company that sells packaged cashews. According to the complaints, customers found pieces of glass in some of the packages. These cashews were halves and pieces with sea salt. The company initiated a recall in 28 states and Washington D.C. where the cashews are sold including locations in Florida. The recall notice states that there have yet to be injuries reported due to the glass. It is noted that cashews can stay fresh for an extended period, so it is possible that there were items sold in the past that might have been afflicted with the glass and customers are not aware. The "best by" dates were November 27-28 of 2018. Those who might have purchased these cashews are advised not to eat them and seek a refund.

What is necessary for naturalization and to pass the test?

People in Florida who are immigrants and would like to be naturalized American citizens often worry about many different factors in their efforts to receive naturalization. These ancillary issues are important, but should not supersede the basics to becoming a U.S. citizen. These include the initial requirements for naturalization and the naturalization test.

To be eligible for naturalization, the person is required to be a minimum of 18 at the time he or she files the form to apply - Form N-400, Application for Naturalization. He or she must be a permanent resident and have lived in the U.S. for a minimum of five years. The person must show the U.S. Citizenship and Immigration Services that he or she lived in the state or the USCIS district of application for a minimum of three months. Residence must have been continuous for a minimum of five years immediately prior to the date of filing the above-listed form. The person must show that he or she has been physically present in the U.S. for a minimum of 30 months of the prior five years before filing the form. He or she must be able to read, speak and write basic English. The person must be considered of "good moral character." And there must be a demonstration of being attached to the principles within the Constitution of the United States.

What are investor based visas?

Not everyone who comes to Florida or anywhere in the U.S. as an immigrant is doing so to look for work or to join family members. Some would like to enter the U.S. to start a business as an investor. A person who does this might be eligible for investor based visas. There are certain rules for a person to receive a Green Card through investment. Knowing how to meet these rules is vital to getting this type of Green Card.

An entrepreneur who chooses to invest in a commercial enterprise in the U.S. or plans to create and maintain at least 10 permanent full-time jobs for U.S. workers who are qualified to do them can be granted permanent residence in the U.S. This also applies to their spouses and any child under age 21 who is not married. Each fiscal year, the U.S. will allow as many as 10,000 of these visas. The entrepreneur must invest $1 million or at least $500,000 in an area that is declared "targeted" meaning that it has high unemployment or is a rural area. In exchange for doing this, the U.S. Citizenship and Immigration Services (USCIS) may allow the entrepreneur and family to stay in the U.S. as permanent residents.

Fatal boating accident statistics show rise in 2016

With watersports and boats used as a common recreational activity in Miami and throughout Florida, it is essential that those who take part in the activity understand that there are certain risks involved with it. Unfortunately, some of these enjoyable trips out on boats end with a fatal accident. These happen for a variety of reasons and statistical studies attempt to delve deeply into them to prevent a recurrence. One new report from the U.S. Coast Guard says that there were more recreational boating fatalities in 2016 than in the past five years.

In 2016, there were 701 deaths on the water. This, in comparison to 626 in 2015, is a 12 percent increase. The number rose despite a greater focus on safety. The report also says that there was an increase in boat injuries with an 11.1 percent rise to 2,903 from 2,613. As for accidents, there was a rise to 4,463 from 4,158 which came to 7.3 percent.

What is the criteria for an orphan adoption to the U.S.?

Florida residents who are seeking to adopt a child from overseas should be aware of the orphan process used by the U.S. Citizenship and Immigration Services. Given the fluctuating and unpredictable events that are happening in the world today, more and more children are seeking a home and safety in the U.S. There is no shortage of people who are willing to take these children in, but orphan adoption must be done in accordance with the laws for international adoption. This is particularly worrisome with the political climate such as it is.

For a U.S. citizen, those who are married must have the spouse sign Form I-600, Petition to Classify Orphan as an Immediate Relative. The spouse must also adopt the child. For those who are unmarried, they must be at least 25 when filling out this form as an individual. The prospective parent must establish that proper parental care will be provided to the child. He or she must also establish that the child is an orphan as defined by the immigration laws of the U.S.

Haitians with legal status under TPS get extension

The United States has long been known as a sanctuary for those who are seeking protection as a refugee and need asylum. Many who come to the U.S. with legal status under difficult circumstances are in Florida. With the substantive changes to policy in the era or President Donald J. Trump, many of these groups are fearful that their status will be called into question or they will be deported. Having legal assistance with this area of US immigration law is imperative for those who are worried about these matters.

A recent post discussed how Haitians are feeling the pressure from the Trump Administration's policies. The president's rhetoric left many wondering how they would be affected if the new policies were put into place. Subsequently, the Administration has taken a step back and will extend the legal status of close to 59,000 Haitians who are currently in the U.S. John Kelly, Mr. Trump's Homeland Security Secretary, provided Haitians with six more months to remain in the U.S. This is a departure from the usual 18 months that refugees frequently get.

How changes to U.S. immigration law can affect Haitians

In today's political climate, it is becoming troublesome to be an immigrant in the United States for any reason. Floridians who are in the U.S. seeking to be able to stay in the country to protect them from persecution, from a program to help after a natural disaster, or for any other reason that stems from compassionate grounds will undoubtedly feel consternation regarding potential changed by the new presidential administration of Donald J. Trump. One group whose concerns are coming to the forefront in the current climate are Haitians who are worried about the possibility of being forced to return to their country while it is ravaged by illness and earthquakes.

Many of those who are expressing fear have been in the U.S. for years. These people have what is known as Temporary Protected Status (TPS). Protests are ongoing and the Trump Administration is being entreated to extend their benefits and right to stay. Legal professionals and activists encouraged those who are classified under TPS to be prepared for the possibility that the program will end.

Fatal boating accident kills recent college graduate in Florida

Florida residents and visitors frequently take full advantage of the warm weather, ample bodies of water and areas that allow boating and other water-based activities. It is a significant part of the allure of the state and attracts a great many people to take part. However, it cannot be ignored that there are inherent dangers with being on a boat. There could be a number of reasons for this, but one thing is certain: those who are injured or lose a loved one in a fatal boating accident need to understand who to seek compensation through a wrongful death legal filing.

A 22-year-old woman who had recently graduated from the University of Miami was killed in a boat accident while riding an airboat with her family. The accident occurred when she and four other people were riding on the airboat. Her mother, father, sister and the operator of the boat were the other passengers.

What are the requirements for a fiancé(e) visa?

While people in Florida will surely understand that a husband or wife who are not citizens of the United States would like to come and live in the country will generally be allowed to do so if they are legally married, an issue that often comes up is whether a fiancé or fiancée can come to live in the U.S. The U.S. Immigration and Naturalization Service has certain rules for U.S. citizens who are trying to bring a foreign national to whom they are not married, but are planning to marry, into the country. Understanding this is a key to getting it done.

When marrying a foreign national the eligibility requirements are paramount. The person who seeks a fiancé(e) visa must show the following: that the petitioner is a citizen of the U.S.; that there is an intention to marry the foreign national within 90 days of him or her entering the U.S.; that both parties are free to marry and any past marriages have been legally concluded; the couple met one another in person at least one time in the two years before filing the petition.

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